The risk of injuries in a car crash is very high. Fortunately, accidents are less common than people think, given that there are millions of individuals on the road each day and there are roughly 6 million accidents per year
. Despite the relatively low number of accidents, there are still ample opportunities to sue in the event of injuries. If you have been hurt, it is in your best interest to take legal action against the responsible driver and have your numerous damages covered. Our qualified Santa Barbara car accident attorneys
at the Downtown LA Law Group
have had years of experience with lawsuits against negligent drivers, and we will do all we can to win you the compensation you deserve.
Why Car Accidents Happen
A car accident can happen at any location
. Many crashes occur on residential streets while people are passing through intersections, and others happen on the freeway. Some occur in parking lots
and parking structures
. Essentially, wherever there are drivers, there may be crashes. The severity of the crash is not necessarily limited to the location, but it can correlate. For example, there are more deadly crashes on the freeway due to the increased speed limit and more rushed and careless driving that people exhibit when compared to driving in neighborhoods.
For the most part, car accidents occur due to driver negligence or recklessness. Many drivers have oversights or errors that they make and do not pay close enough attention to the road or to other individuals. Some of the ways in which people are negligent include:
- Turning without signaling
- Turning into crosswalks when pedestrians are present
- Ignoring right of way laws
- Turning across oncoming traffic
- Refusing to stop at stop signs and red lights
- Refusal to yield to other vehicles
- Driving while drunk
- Driving while tired
- Texting and using the phone while driving
In addition to driver error, there are other problems that can rise up. These problems can be attributed to oversights, but there may be other factors at play. For example, crashes could happen due to:
- Vehicular malfunction or car defects
- Road defects and street problems
- Inclement weather
- Other negligent drivers
These issues may contribute to various accidents and could go years without being solve, especially if it is infrastructure-related. For instance, a road that has a lack of street lights or that has no warnings about sudden curves could cause drivers to get into more crashes, and the city may be held responsible for the damages if they were made aware of the issues and never fixed them.
If you have been in such an accident, call our Santa Barbara car accident lawyers for more assistance.
Types of Injuries in Car Accidents
A car accident can leave you with severe injuries
that can cause you a lot of trouble in your daily life and career. Your injuries can cause your case to be worth a fair amount of money, but if you are not properly treated, you could face lengthy issues. Our Santa Barbara car crash attorneys will strive to get you the health treatment you need.
We have seen victims of car crashes suffer injuries such as:
- Nerve damage
- Traumatic brain injuries
- Closed head injuries
- Broken bones
- Torn muscles
- Severed limbs and digits
- Puncture wounds
- Crushing injuries
- Knee and hip injuries
- Neck and spinal cord trauma
- Facial injuries
- Internal organ damage
If you suffered any injuries at all in a car accident, you should take legal action with the help of our Santa Barbara car crash lawyers.
How To File A Lawsuit After A Car Accident?
In order to file a lawsuit against the responsible party after a car accident
, you must be able to show that you were the victim of negligence. This includes proving four points of negligence: tt you were owed a duty of care that was breached in some manner, and that the breach of duty led to physical injuries. If it can be shown that even one of these points is false, you will be barred from receiving your compensation.
To adequately sue, you must have ample evidence. After a crash, you should do the following:
- Get medical attention and hold on to all the necessary medical receipts, doctor’s notes, paramedic notes, treatment details, and more
- Take pictures of the scene of the accident, your injuries, the damages to the vehicles, any damage to the environment, and more
- Interview eyewitnesses, bystanders, and passengers who can provide you with testimonies as to what they saw, if anything
- Write down the contact information and personal details of the responsible driver
- Acquire surveillance footage if available
- Request a copy of the police report if an investigation was carried out by the police
- Contact an attorney with experience in car accident lawsuits
It is very important that you get medical help as quickly as possible after the accident, as a delay can cause your lawsuit to fall apart. It is also crucial that you speak with one of our car accident attorneys in Santa Barbara for direction and assistance. Many individuals do not have the necessary legal experience required to succeed with a claim and may not know the first thing when gathering their evidence. They could just as easily unknowingly sabotage their lawsuit by leaving the scene of the accident or mistakenly admitting fault they were not responsible for.
Call our legal offices at (855) 339-8879
for more assistance.
Statute Of Limitations On Car Accident Claims
You can file a lawsuit pursuing your rightful compensation no later than 2 years after the date of the injury
. This statute exists for personal injury lawsuits so that all involved parties have ample opportunity to gather evidence and pay off debts in a timely manner. If the claim were to be filed years after the fact
, there could be no compensation to be had, injuries could have healed, and evidence could have been corrupted.
The statute of limitations does have some exceptions, however. For example, the intended defendant of your case could decrease the amount of time you have to sue if the defendant is a city entity or government institute. The statute could decrease to less than 6 months if you were suing because of a defective road.
On the other hand, your deadline could be extended if you were underage at the time of the incident – you would not have to adhere to the statute until you turn 18 years old. You may have been psychologically or physically wounded to the extent that you could not sue, which would make you free from the statute until you return to your normal state of mind and body.
Additionally, the defendant must be present in the state if you wish to sue. If he were to leave the state or flee the country, the statute would be put on hold until he returns to his place of residence.
It can be very confusing to not know how long you have to file a claim
and if you are eligible for any extensions. Our team of car accident lawyers in Santa Barbara
can make sure that your case is filed on time and that you do not miss any important deadlines for your lawsuit. We will handle everything for you and make sure that you have one less thing on your mind after a crash.
Compensation From A Car Crash Lawsuit
The amount of compensation you receive after a lawsuit will depend on the offer from the insurance agent. Our lawyers will do all we can to bring you the maximum settlement available under the law.